Constitution

Dominican Republic 2015 Constitution

Table of Contents

Title XII. On the Armed Forces, the National Police, and the Security and Defense

Chapter I. On the Armed Forces

Article 252. Mission and character

The defense of the Nation is the charge of the Armed Forces. Accordingly:

  1. Their mission is to defend the independence and sovereignty of the Nation, the integrity of its geographic spaces, the Constitution and the institutions of the Republic.
  2. They may also intervene when the President of the Republic orders it in programs destined to promote the social and economic development of the country, mitigate situations of disaster and public calamity, and join in assistance of the National Police to maintain or reestablish the public order in exceptional cases.
  3. They are essentially obedient to the civil power, without political party and do not have the ability, in any case, to deliberate.

Paragraph

The custody, supervision and control of all arms, munitions and other military supplies, material and equipment of war that enter the country or are produced by the national industry is the responsibility of the Armed Forces, with the restrictions established in the law.

Article 253. Military career

The entering, appointing, ascent, retirement, and other aspect of the regime of military career of the members of the Armed Forces shall be affected without any discrimination, in accordance with its organic law and complementary laws. The reinstatement of its members is prohibited, with the exception of the cases in which the separation or retirement was realized in violation of the Organic Law of the Armed Forces, after investigation and recommendation by the corresponding ministry, in accordance with the law.

Article 254. Competence of the military jurisdiction and disciplinary regime

The military jurisdiction only has the competence to come to know the military infractions given in the laws about the subject. The Armed Forces shall have a disciplinary military regime applicable to those faults that do not constitute infractions of the criminal military regime.

Chapter II. On the National Police

Article 255. Mission

The National Police is an armed, technical, profession body of a police nature, under the authority of the President of the Republic, obedient to civil power, without party ties and without the ability, in any case, to deliberate. The National Police has as its mission:

  1. To safeguard the citizen security.
  2. To prevent and control crimes.
  3. To pursue and investigate criminal infractions, under the legal direction of the appropriate authority.
  4. To maintain the public order in order to protect the free exercise of the rights of people and the peaceful coexistence in accordance with the Constitution and the laws.

Article 256. Police career

The entering, appointment, ascent, retirement, and other aspects of the regime of the police career of the members of the National Police shall be affected without any discrimination, in accordance with its organic law and the complementary laws. The reinstatement of its members, with the exception of the cases in which the retirement or separation was realized in violation of the organic law of the National Police, after investigation and recommendation of the corresponding ministry, in accordance with the law.

Article 257. Competence and disciplinary regime

The police jurisdiction only has the competence to come to know the police infractions given in the laws on the subject. The National Police shall have a police disciplinary regime applicable to those faults that do not constitute infractions of the criminal police regime.

Chapter III. On Security and Defense

Article 258. Council on Security and National Defense

The Council of Security and National Defense is a consultative organ that assists the President of the Republic in the formulation of the policies and strategies on this subject and in any matter that the Executive Power submits for its consideration. The Executive Power shall regulate its composition and functioning.

Article 259. Defensive character

The Armed Forces of the Republic, in the development of its mission, shall have an essentially defensive character, without prejudice to that provided in Article 260.

Article 260. High priority objectives

High priority national objectives are:

  1. To combat transnational criminal activities that put the interests of the Republic and its inhabitants in danger.
  2. To organize and sustain effective systems that prevent or mitigate damages caused by natural and technological disasters.

Article 261. Public security or defense corps

The National Congress, at the request of the President of the Republic, may provide for, when the national interest requires, the formation of permanent public security of defense corps with members from the Armed Forces and the National Police that shall be subordinates of the ministry or institution of the realm of their respective competencies in virtue of the law. The system of intelligence of the State shall be regulated through the law.